Mesothelioma cases are uniquely difficult, symptoms often don't appear for decades after exposure, and by the time a diagnosis comes, the company or jobsite responsible may no longer exist in the same form. Our attorneys know how to trace exposure history, identify every liable party, and build the case a delayed diagnosis like this requires.
The term "asbestos" refers to any one of a group of several different naturally occurring minerals. These minerals all have certain qualities in common, including a fibrous texture, incredible strength, and remarkable resistance to heat.
It has long been used in a variety of industrial accidents and applications, as well as in building construction, especially as a fireproof insulating material. People who work with the substance, as well as those who live in areas where asbestos is present, are liable to suffer serious health complications as a result of exposure.
People have known about this correlation since the days of Ancient Greece and Rome, yet it was not until relatively recently that state and federal government regulations were implemented to protect workers and the general public from the dangers of asbestos exposure. Exposure to the substance continues to pose a threat to people throughout the United States.
If you have been directly or even indirectly exposed to asbestos in the past, this significantly increases your risk of developing the lung cancer mesothelioma. Many people working in industrial occupations over the past 50 or so years may have been exposed to asbestos fibers.
Visit Cancer.gov for more information on who may be at-risk for mesothelioma. If you worked in industries that manufactured any of the aforementioned products, then you may be at risk for mesothelioma or a related asbestos condition. Contact your doctor for an evaluation.
Mesothelioma and other asbestos-related conditions have a very long latency period, meaning people often do not notice the symptoms of their condition until 20-30 years or more.
Because mesothelioma can be present for so long without detection, it is vital that people experiencing known symptoms of mesothelioma contact their doctors immediately:
Asbestos poses such a serious public health hazard that the Texas Department of State Health Services (DHSS) has established an Asbestos Program.
This program delivers services for preventing occupational and environmental diseases related to asbestos exposure by identifying, evaluating and controlling hazards.
The DHSS estimates that asbestos is still present in more than half of the public buildings throughout the state, including many public schools across Texas.
In addition to this, asbestos may be found in a wide variety of industrial settings and worksites, potentially causing harm to the employees who have the misfortune of being exposed to it.
The reason that asbestos is so dangerous is that people who are exposed to the substance are liable to breathe in small airborne fibers that have a tendency to flake off the mass of the product.
When these fibers enter the body, they stick to the mesothelium, a membrane that lines certain internal organs such as the lungs.
This can lead to the development of mesothelioma, an aggressive and malignant form of cancer that is typically terminal. Asbestos exposure can amount to a death sentence and often subjects the victim to years of suffering, and when it does claim a life, surviving family members may be able to pursue a wrongful death claim.
Mesothelioma has an unusually long latency period, often 20 to 30 years or more between exposure and diagnosis. This means someone exposed to asbestos decades ago at a job they may no longer hold can still develop the disease today, and can still pursue a claim.
Liability can extend to a former employer, the manufacturer of an asbestos-containing product, a property owner where exposure occurred, or a contractor who disturbed asbestos-containing materials without proper precautions.
A claim against the manufacturer typically falls under product liability. Many mesothelioma cases involve more than one liable company, since exposure often happened across multiple jobsites or products over the years.
You may recover medical expenses, lost wages, and lost earning capacity, along with noneconomic damages for pain, suffering, and loss of enjoyment of life.
If asbestos exposure resulted in death, surviving family members may be able to pursue a wrongful death claim for funeral costs, lost financial support, and loss of companionship.
It can be, since asbestos exposure often occurred years or decades before symptoms appeared, and identifying the exact time and place can be a considerable challenge. Work history records, product identification, and testimony from coworkers can all help establish where and how exposure happened.
Generally two years from the date of diagnosis, not the date of exposure, since Texas law recognizes that the injury isn't discoverable until symptoms appear or a diagnosis is made. Because that discovery date can be disputed, it's important to have an attorney document your diagnosis timeline early.
If you or a loved one has suffered due to asbestos exposure, contact us at The Daspit Law Firm for help. We can evaluate the situation to determine whether you may have grounds to sue for personal injury or wrongful death.
Our mesothelioma attorneys have extensive experience with cases involving chemical exposure and toxic torts, and we are ready to take immediate action on your claim for compensation.
Proving fault in mesothelioma cases can often be a considerable challenge, since it may be difficult to obtain evidence that accurately demonstrates the exact time and place where the asbestos exposure occurred. That's exactly the kind of case our attorneys are built to handle.
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